Fax Thru Email Service Agreement

This Fax Thru Email Service Agreement ("Agreement") is by and between Zeronese Hosting (" Zeronese Hosting "), a/an individual, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Zeronese Hosting 's Fax Thru Email Service ("Fax Thru Email") and represents the entire Agreement between You and Zeronese Hosting. By using Fax Thru Email, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which Zeronese Hosting may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Zeronese Hosting, whether or not the transactions were in Your behalf. You acknowledge that Zeronese Hosting's acceptance of any application made by You for services provided by Zeronese Hosting will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA .

Zeronese Hosting currently provides Fax Thru Email to its customers by assigning a fax number ("Assigned Number") and processing fax messages to and from that number through Your designated e-mail account. Use of the Assigned Number is monitored and billed by the number of minutes used. Your Assigned Number will be credited with a monthly allotment of Allotted Minutes dependant on the package purchased. Any Allotted Minutes not used in the Month allotted will not be carried over. You understand and agree that Allotted Minutes not used within the month allotted will be lost and that no refunds or credits will be given for Allotted Minutes not used. You may purchase additional bundles of minutes of varying quantities ("Minute Pack") to be applied to your Assigned Number. Minute Packs may only be used on a single Assigned Number. A Minute Pack can be applied to your service for up to one year from the date of purchase. Minutes left in a Minute Pack not used after one year may be lost. Minutes used in excess of the Minute Pack will require the purchase of additional Minute Packs. Should You exceed the minutes in Your Minute Pack, You agree that Zeronese Hosting may charge the payment method on file to process any additional minutes used by your Assigned Number. There are no refunds for unused minutes in Your Minute Pack or for any unused minutes as part of Your monthly Allotted Minutes.

Minutes are deducted in accordance with a formula averaging actual minutes used. You acknowledge that Zeronese Hosting's formula is not a representation of actual minutes. You agree that Zeronese Hosting's formula is a fair and practical manner for counting the minutes used by your Assigned Number.

Availability of Services

Subject to the terms and conditions of this Agreement, Zeronese Hosting shall attempt to provide Fax Thru Email for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time Fax Thru Email may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Zeronese Hosting may undertake from time to time; or (iii) causes beyond the control of Zeronese Hosting or which are not reasonably foreseeable by Zeronese Hosting, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Zeronese Hosting has no control over the availability of Fax Thru Email on a continuous or uninterrupted basis

By using Fax Thru Email, You agree that You are age 18 or over. Fax Thru Email is available only to persons who can make legally binding contracts under applicable law.

You also agree that You will not use Fax Thru Email to send the following types of information: (i) personal information about children without their parent's consent, (ii) pornography or nude pictures, (iii) tasteless images, (iv) excessively violent material, (v) links to web sites containing the serial numbers for unlocking software illegally, (vi) pyramid schemes, (vii) chain letters, (viii) impersonations of another person, (ix) encouraging the use of a controlled substance, (x) selling or promoting products that are unlawful in the location where the fax is received, (xi) advocating, promoting, or encouraging violence against any person, organization, or the government, or (xii) links to web pages containing any of the aforementioned content.

By using Fax to Email, You warrant that the information You use in any fax messages is true, and that the fax numbers You include are of subscribers who have granted You direct or implied consent to receive fax messages from You. You agree to comply with our No Spam Policy, as well as the Telephone Consumer Protection Act. You agree that You will include a valid and correct physical address on every fax message. You agree to give Zeronese Hosting permission to copy and/or store a log of faxes received and sent, and other information. Zeronese Hosting will not use this information in any way that violates its Privacy Policy. Zeronese Hosting may but is not obligated to copy and/or store any of the above mentioned information.

Spam

Zeronese Hosting recommends that You carefully consider whether the fax You are sending out may be considered spam. Generally, if You are not sure that You have received someone's permission to send them fax, then it is probably spam.

You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your distribution lists; and (ii) maintain independent archival and backup copies of Your distribution lists.

Zeronese Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of Fax Thru Email for excessive time, space and bandwidth utilization and to terminate Your account Service or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of Fax Thru Email, including but not limited to the maximum size of campaigns sent through our servers and the maximum number of occasions that You may access our servers using Fax Thru Email in any given period of time; (iv) terminate Your Fax Thru Email Service for unsolicited, commercial faxing, (i.e., spam, sending faxes to subscribers who have not "opted-in"); non-payment of Fax Thru Email fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Zeronese Hosting determines to be harmful to its other customers, operations, or reputation; (v) terminate Your Fax Thru Email Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Zeronese Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for 90 days. If Zeronese Hosting terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. Zeronese Hosting has no obligation to monitor Your Fax Thru Email Service, but reserves the right in its sole discretion to do so.

IN NO EVENT SHALL Zeronese Hosting BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, YOUR INABILITY TO USE THE ACCOUNT OR YOUR SERVICE, YOUR LOSS OF DATA OR FILES, OR OTHERWISE, EVEN IF Zeronese Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT Zeronese Hosting 'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO Zeronese Hosting HEREUNDER FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO ANY POTENTIAL LIABILITY.

You agree to release, defend, indemnify and hold harmless Zeronese Hosting and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any action, claim, demand, dispute, liability, losses, damages or costs, including reasonable attorney's fees and costs, resulting from or related to (i) Your breach of this Agreement, (ii) any negligence or willful misconduct by You; (iii) any allegation that Your Fax Thru Email Service infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; (iv) any action or conduct of Zeronese Hosting 's undertaken pursuant to this Agreement; or (v) Your use of the Service. You shall defend and settle at Your sole expense all proceedings arising out of the foregoing. You agree that Zeronese Hosting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Zeronese Hosting of any such claim promptly in writing and to allow Zeronese Hosting to control the proceedings. You agree to cooperate fully with Zeronese Hosting during such proceedings. You agree You will not be entitled to a refund of any fees paid to Zeronese Hosting if, for any reason, Zeronese Hosting takes corrective action with respect to Your improper or illegal use of its Fax Thru Email Services.

Zeronese Hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING ANY SUBJECT MATTER OF THIS AGREEMENT. Fax thru email SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA. THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

You agree that all notices (except for notices concerning breach of this Agreement) from Zeronese Hosting to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with Zeronese Hosting. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Zeronese Hosting shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below. They shall be deemed to be delivered when received by Zeronese Hosting through first class mail the date they are received, or when sent by facsimile.

Zeronese Hosting
Attn: General Counsel
14455 North Hayden Rd.
Suite 219
Scottsdale , AZ 85260